HomeMy WebLinkAbout96-2468 civilDAWN MADIA, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
: NO: 96-2468 CIVIL
ALBERT LLOYD RENN and
PETER MENSKY,
Defendants
IN RE: DEFENDANT PETER MENSKY'S MOTION FOR
SUMMARY JUDGMENT
Before HOFFER, P.J., OLER, J., and GUIDO, J.
ORDER OF COURT
AND NOW, December 31, 1998, after oral argument and careful
consideration of both parties briefs', Defendant Peter Mensky's Motion for
Summary Judgment is found to be untimely. A party may move for
summary judgment as a matter of law "if, after the completion of discovery
relevant to the motion, including the production of expert reports, an
adverse party who will bear the burden of proof at trial has failed to produce
evidence of facts essential to the cause of action or defense which in a jury
trial would require the issues to be submitted to a jury." Pa. R. Civ. P.
1035.2. Plaintiff's Complaint contained specific allegations of negligence on
behalf of Defendant Peter Mensky which plaintiff beam the burden to prove
at trial. The record does not reflect that discovery is closed in this case.
Plaintiff has not yet deposed the defendant. Therefore, Defendant Peter
Mensky's Motion for Summary Judgment is denied.
By the Court,
George E. Hoffer, P.J.
Edward Harrington Heyburn, Esquire
Mychak, Geckle & Welker, P.C.
230 South Broad Street, 11th Floor
Philadelphia, PA 19102
For the Plaintiff
Douglas B. Marcello, Esquire
Thomas, Thomas & Hafer
305 North Front Street
Post Office Box 999
Harrisburg, PA 17108-0999
For Defendant Peter Mensky
James G. Nealon, III, Esquire
Nealon & Gover
301 Market Street, 9th Floor
Harrisburg, PA 17108
For Defendant Albert Lloyd Renn
2